Protecting and Growing Self and Wealth in These Uncertain Times

pepper spray

Getting back on track with the “Project Prepper” series of posts, I want to talk about some new gear I’ve picked up. As a somewhat-new homeowner, I understand there will be times when I’m forced to investigate God-knows-what around the property, day or night. And as my girlfriend and I have come to discover, we have quite the wildlife refuge going on outside our house. As such, I’ve acquired some items in case an encounter with a four-legged (or two-legged) creature isn’t exactly a “pleasant” one:

A favorite among old school cops/security guards. After popping 6 D cell batteries into the flashlight and wielding it for the first time, I now understand why. This 19.5-inch machined aluminum device is a beast, and bright to boot. No creature (two- or four-legged) in their right mind would want to mess with this thing.

I also picked up an accessory pack (Amazon.com, $8.68) for the flashlight, and have already affixed the terrific anti-roll device.

I don’t know if it’s possible to ever run out of pockets with this vest. I’ve treated it with water repellant and have it hanging in a coat closet for fast, easy access. The last two items are contained in the vest.

I bought a two-pack of Mace Pepper Foam some time ago for potential use indoors (supposed to reduce chance of area contamination). This is one of those canisters. Since the device may have to be deployed in close quarters, I’m sticking with the pepper foam outdoors for now.

I was on the look out for a good-yet-inexpensive knockaround folding knife that wasn’t “scary” for these parts to keep in the vest. I’d heard decent things about Enlan Cutlery out of China, and came across model M024A (drop point, dual thumb studs, liner lock, realistic-looking wood grain, legal in municipality/Cook County/Illinois) for a measly $10 and change. Like every other piece of gear I talked about in this post, I still have to put my Enlan knife to the test. However, my first impressions of the folder are positive. I would have preferred to buy American here, but was unable to tick all the required boxes.

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(3) Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older…

(Editor’s note: Bold added for emphasis)

Pepper (OC) spray appears legal to own and carry in the state of Illinois- so long as the individual carrying it is “18 years of age or older.”

Now let’s turn to Cook County. Here’s something I was just made aware of recently. From the Cook County Code of Ordinances, Part I- GENERAL ORDINANCES, Chapter 58- OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE VI. OFFENSES AGAINST THE PUBLIC PEACE, Sec. 58-172. – Disorderly Conduct:

(a) It shall be unlawful for any person to commit disorderly conduct. A person commits disorderly conduct when he knowingly:
(6) Carries in a threatening or menacing manner, without authority of law, any razor, knife, stiletto, blackjack, bludgeon, metal knuckles, slingshot, any knife, the blade of which is released by a spring mechanism, including knives known as “switch-blades”, undetectable knives as defined in Section 58-176 of this Code, an object containing noxious or deleterious liquid, gas or substance or other weapon, or conceals said weapon on or about the person or vehicle…

(Editor’s note: Bold added for emphasis)

Pepper (OC) spray appears legal to own and carry in Cook County, Illinois- so long as the individual carrying it is “18 years of age or older” (per the State of Illinois), does not carry it “in a threatening or menacing manner,” or “conceals said weapon on or about the person or vehicle.”

That last bit about concealing about the person or vehicle is bound to raise some eyebrows, I’m guessing.

Finally, here’s what the City of Chicago has on the books regarding pepper (OC) spray. From the Municipal Code of Chicago, TITLE 8 OFFENSES AFFECTING PUBLIC PEACE, MORALS AND WELFARE, CHAPTER 8-24 FIREARMS AND OTHER WEAPONS, 8-24-020 Sale or possession of deadly weapons:

(e) No person shall carry on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; provided that this subsection shall not apply to any person listed in section 5/24-2(a)(1)-(14) of the Criminal Code, 720 ILCS 5/24-2(a).

(Editor’s note: Bold added for emphasis)

There’s also this under 8-24-045 Noxious gas or liquid:

(a) No person shall use any device to discharge a noxious gas or liquid in an enclosed room in any Class C-1 or Class C-2 Assembly Unit, as defined in Chapter 13-56 of this Code, or in an enclosed room in any restaurant, bar or tavern that is a Class F Assembly Unit as defined in that chapter, if more than 20 persons are present in that room, unless the person is a peace officer, as defined in Section 8-20-010 of this Code, engaged in law enforcement activity. As used in this section, “noxious gas or liquid” means mace, pepper spray or any other substance that is intended or designed to cause irritation to the eyes, nose or mouth, or to cause nausea.

(Editor’s note: Bold added for emphasis)

So Is pepper spray legal in Chicago, Illinois?

Pepper (OC) spray appears legal to own and carry– so long as the individual carrying it:

• Is “18 years of age or older” (per the State of Illinois)
• Does not carry it “in a threatening or menacing manner” or “conceals said weapon on or about the person or vehicle” (per Cook County)
• Shall not use “any device to discharge a noxious gas or liquid in an enclosed room in any Class C-1 or Class C-2 Assembly Unit, as defined in Chapter 13-56 of this Code, or in an enclosed room in any restaurant, bar or tavern that is a Class F Assembly Unit as defined in that chapter, if more than 20 persons are present in that room” (per the City of Chicago)

Next time, I’ll be looking at expandable/collapsible/retractable batons and their legality in Chicago.

“That’s why my attitude has changed to, fuck the citizens.
When you need help people, call a protester.
My check will still come every 1st and 16th of the month.”

-Comment left on Second City Cop blog post, December 24, 2014

In the future, I see a myriad of problems for Chicagoland residents when it comes to police protection. The source will be economic in nature, with the “thin blue line” getting stretched more than most can imagine as Chicago-area police agencies see their budgets slashed significantly with the next financial crisis.

I’d argue this situation has already arrived. Look at the Chicago Police Department and all the spin that’s being deployed and goal posts being moved by City Hall because of financial difficulties in achieving/maintaining a fully-manned police department.

I predict work conditions will also steadily deteriorate. De-policing and work stoppages could very well accompany this slide as law enforcement officers inevitably take stock of their situation.

Police activity could also decrease if certain politicians, race agitators, the mainstream media, and other self-interested parties continue to support and spotlight the police haters in our society. Just to give you an idea of how much attention is being given to these “squeaky wheels making lots of noise,” the Rolling Stone magazine website ran a piece on December 16 entitled:

“Policing is a Dirty Job, But Nobody’s Gotta Do It: 6 Ideas for a Cop-Free World”

And under the headline was this:

“It’s time to start imagining a society that isn’t dominated by police”

“It’s time to start imagining…” That pretty much summed up the piece right there.

Anyway, the point of this post is to announce that in light of what I see coming down the pipeline regarding police protection in and around the “Windy City,” I will be reviewing Chicago-area laws concerning self-defense tools.

Regular readers may recall that I pulled up information on the legality of such personal protection devices as expandable batons, knives, firearms, and pepper spray in Chicago, Cook County, and the State of Illinois starting around Halloween 2013. But seeing as new laws keep being added to the books, and in light of the personal safety challenges I think are ahead of us, now is the perfect time to revisit this material.

Speaking of pepper spray, here’s a funny comment I saw the other day for one pepper spray product listed on Amazon.com, the world’s largest online retailer:

This is now legal in Michigan. Is a foaming spray so you will see it shoot and harder to wipe off. Has a dye added so the person will be marked for days after you spray them. You want a foam so the wind does not blow it back in your face. Has a very good finger safety so you will not set it off easily. Can is a good size and will do the job for sure…. when the attacker falls to the ground be sure to kick the in the head because they need a good kick in the head so they truly know they are stupid

(Editor’s note: Italics added for emphasis)

Think Amazon may have removed a not-so-nice term after “be sure to kick the” and before “in the head”?

Right before Halloween, I blogged about the legality of pepper spray- or Oleoresin Capsicum (OC) spray as law enforcement/corrections commonly call it- in the city of Chicago, Illinois. I concluded:

So is pepper (OC) spray legal in Chicago? From what the material above says, I would think it is, as long as the spray is used in self-defense and in compliance with what’s stated in the Municipal Code of Chicago, and not in a threatening manner.

Okay. But how about the rest of Cook County, Illinois?

I couldn’t find anything in the Cook County Code of Ordinances that designates pepper spray as illegal. However, similar to what’s stated in the Municipal Code of Chicago, there’s this in Part I, “General Ordinances,” under Chapter 58, “Offenses And Miscellaneous Provisions,” Article VI, “Offenses Against The Public Peace”:

Sec. 58-172. Disorderly conduct.

(a) It shall be unlawful for any person to commit disorderly conduct. A person commits disorderly conduct when he knowingly…

(6) Carries in a threatening or menacing manner, without authority of law, any razor, knife, stiletto, blackjack, bludgeon, metal knuckles, slingshot, any knife, the blade of which is released by a spring mechanism, including knives known as “switch-blades”, undetectable knives as defined in Section 58-176 of this Code, an object containing noxious or deleterious liquid, gas or substance or other weapon, or conceals said weapon on or about the person or vehicle.

(Editor’s note: Italics added for emphasis)

Punch in “pepper spray noxious” in a search engine query and the results show the term “noxious” has been used to describe pepper spray. The key here is not to “carry” the pepper spray in a “threatening or menacing manner.”

Otherwise, I would think pepper (OC) spray is legal in Cook County, Illinois, as long as it’s used in self-defense and complies with what’s stated in the Cook County Code of Ordinances.

Still, I would check local (municipal) laws to verify its legality in a particular jurisdiction.

You can read that part about noxious/deleterious liquids in the Cook County Code of Ordinances here.

Phew! It took me a couple of hours this morning, but I just completed updating a number of posts and an entry on this blog’s “Resources” page related to Chicago laws concerning self-defense tools (firearms, knives, pepper spray, etcetera). When I wrote that material, the resource I used- the Municipal Code of Chicago as displayed on the American Legal Publishing Corporation website- did not reflect changes enacted by the City of Chicago on September 11, 2013, in Substitute Ordinance SO2013-6015. However, the revisions have now been addressed in the following posts:

(Editor’s note: The information below has been updated, and can be found here)

Kind of quiet today as it concerns local material for Survival And Prosperity.

Good.

That let’s me get away from commenting on the news a bit to focus on other topics.

Here’s one I’ve been wanting to blog about for a while now:

Is pepper spray legal in Chicago, Illinois?

You see, for some reason or another, people keep posting on various Internet sites that pepper spray- or Oleoresin Capsicum (OC) spray as law enforcement/corrections commonly call it- is illegal in the city of Chicago.

Even on websites where one might think an informed answer can be found on this issue is it being unintentionally disseminated that pepper spray is illegal. From INGunOwners.com:

I coulda sworn there’s a recent law that banned the use of tasers and pepper sprays in Chicago.

Referring back to an August 16, 2013, post I wrote about Chicago-area laws concerning self-defense tools, here’s what the Municipal Code of Chicago has to say about the matter. From Title 8, Chapter 24, “FIREARMS AND OTHER WEAPONS”:

(a) No person shall use any device to discharge a noxious gas or liquid in an enclosed room in any Class C-1 or Class C-2 Assembly Unit, as defined in Chapter 13-56 of this Code, or in an enclosed room in any restaurant, bar or tavern that is a Class F Assembly Unit as defined in that chapter, if more than 20 persons are present in that room, unless the person is a peace officer, as defined in Section 8-20-010 of this Code, engaged in law enforcement activity. As used in this section, “noxious gas or liquid” means mace, pepper spray or any other substance that is intended or designed to cause irritation to the eyes, nose or mouth, or to cause nausea.
(b) Any person who violates this section is guilty of a misdemeanor that is punishable by a fine $500.00, or 30 days imprisonment, or both, for each offense.

And then there’s this, which was added on September 11, 2013, by the City of Chicago when it passed Substitute Ordinance SO2013-6015. 8-24-20 was amended with:

5. No person shall carry on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; provided that this subsection shall not apply to any person listed in section 5/24-2(a)(1H14) of the Criminal Code. 720 ILCS 5/24-2(a).

(Editor’s note: Italics added for emphasis)

Back on November 27, 2011, the Chicago Tribune even ran a piece on pepper spray. Dawn Rhodes pointed out:

Major retailers such as Ace Hardware and Sears sell pepper spray products (commonly known by brand names such as Mace), as do a number of online-only stores. But pepper spray regulations vary. In Chicago, for instance, a person can be charged with a misdemeanor for spraying it in an enclosed space, such as a bar or restaurant, if there are more than 20 people present.

So is pepper (OC) spray legal in Chicago? From what the material above says, I would think it is, as long as the spray is used in self-defense and in compliance with what’s stated in the Municipal Code of Chicago, and not in a threatening manner.

(Legal disclaimer: This post is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain such advice.)